Archive for the ‘DWI’ Category



Minneapolis DWI Lawyer Explains Tests and Arrests

Monday, November 2nd, 2009

Many people are surprised to learn that Minnesota state laws against drunk drivers are extremely tough. The laws involving DWI are extremely complex and many drivers are not even aware that what they are doing is really so bad. For example, let’s say you and your wife and two year old daughter are on your way home from a Christmas party. Let’s say you had two glasses of wine with dinner. If you are stopped and your BAL checked, there is a good chance it will be over the .08 limit; furthermore, because you are driving with a young child in the car, you may face a third degree DWI arrest simply for having a civilized evening with friends. It’s best to know exactly what you are getting in to before you get in to that driver’s seat.

Understanding DUI Laws

Here are some factors that can affect your DWI arrest in Minnesota

  • If you are driving with a BAL of .08, then you can be arrested with DWI. However, if your BAL is .20 or higher, then you may face higher convictions
  • If you are driving with a child under the age of 16 in the car during the time of your arrest, you may face higher convictions
  • If you have had a DWI felony in the past, or three or more DWI arrests in the last ten years, then you will face higher convictions
  • If you are under the influence of a controlled substance or illegal drug, including marijuana, then you can also receive a DWI offense.

Am I Over the Limit?

There are three ways in which blood alcohol levels are measured. One of the most common is the breath test, or a breathalyzer which are usually performed during road checks and random breath checks. There are also blood tests and urine tests which are usually performed at the police station after the arrest. All of these tests can be scary and also quite incriminating but it’s important to understand that, in certain instances, these tests may be made illegal to the courts.

Many people who are accused of DWI will refuse to take these tests. If this is the case, you will automatically be charged with a gross misdemeanor which could negatively impact your driver’s record and your life. So what is your best bet when it comes to handling DUI / DWI arrests in Minnesota?

Minneapolis DWI Defense Lawyer

If you have been accused or arrested with a DWI, then you need to speak to a Minneapolis DWI lawyer as soon as you are arrested. Judith Samson will be able to assist you 24 hours a day, 7 days a week with your DWI case. She had the experience and the aggression you need to help you out of this severe criminal charge. She can explain the legal procedures and help you determine your best bet in the courts. Contact her today at 612-333-8001.

St Paul DWI Lawyer Explains Charges

Monday, November 2nd, 2009

Did you know that DWI laws do not only happen on the roads? You can also be charged with DUI when operating recreational vehicles such as an ATV, a boat, a snowmobile and even an airplane. However, most DWI arrests in Minnesota take place on the road. The state police are cracking down on drinking and driving and thus more and more people are being arrested with a DWI.

DWI- driving while intoxicated or DUI – driving under the influence- also does not only mean drunk driving. If you are under the influence of any type of drug, you can also be arrested and convicted.

How DWI Charges Work

If you have been arrested with a DWI, then you are most likely confused by the accusation you have been given. Essentially, there are four different degrees of DWI arrests which will vary depending on the severity of your situation. There are three aggravating factors that will push your arrest into a higher degree of conviction. These factors include:

  • The level of alcohol in your body. If you have an alcohol concentration of .20 or more, then you will most likely be charged with an aggravating factor.
  • The number of DUI convictions you have had in the past. If you have been convicted with a DWI offense within the ten years preceding the current offense, then you will be arrested with an aggravating factor.
  • Passengers in the vehicle – if you have a child under the age of 16 in the car when you are given the current offense, then you will be arrested with an aggravating factors

Aggravating Factors and DUI Charges

There are four degrees of DWI offenses. They are as follows:

  • First Degree DWI – if you commit a violation within ten years of the first three or more drunk driving incidents or if you have been convicted of a DWI felony in Minnesota. This is the most severe instance of DWI charges.
  • Second Degree DWI – if you have two or more aggravating factors present during the time of your arrest;
  • Third Degree DWI – if you have one aggravating factor present during the time of your arrest.
  • Forth Degree DWI – if you have a BAL of .08 or higher or are under the influence of a drug and are operating a commercial or recreational vehicle.

Handling DWI Arrest – St. Paul DWI Lawyer

A DWI conviction can affect more than just your driver’s license- it can cost you a hefty fine, time in jail and can destroy your work, family and personal relationships in the process. If you have been arrested for a DWI offense, regardless of whether it is a first degree or a forth degree offense, you need to act fact. For a free consultation 24 hours a day, 7 days a week, contact Samson Law today at 612-333-8001 for a consultation with the best St. Paul DWI lawyer. Judith Samson has been defending DWI cases for over ten years and can ensure you get the best outcome possible in regards to your DWI arrest.

Minneapolis DWI Lawyer Reveals DWI and DUI Statistics

Monday, November 2nd, 2009

One in eight of all Minnesota drivers have been arrested for drinking and driving. This is an astonishing 12% of the Minnesota driving population. What these numbers suggest is that the Minnesota law enforcement is cracking down on drinking and driving with multiple DUI arrests to show for it.

DWI Minnesota Statistics

In 2006, there were:

  • 41,951 motorists arrested for driving while intoxicated in Minnesota
  • An average of 115 DUI arrests per day
  • 3,688 drunk drivers involved in motor accidents
  • 3,500 injuries due to drunk driver accidents
  • 116 deaths due to impaired drivers

DUI drivers in Minnesota are

  • 76% male
  • Over 50% 20-29 years old
  • Over 10% underage
  • Over 50% arrested on a Saturday or Sunday
  • 60% first time offenders
  • 38% had multiple arrests for drunk driving

Avoiding DWI Charges

Of course, the smartest thing to do if you have been drinking, even if it is only a beer after work, is to take a cab or get a ride home with a designated driver. Even if you have only had one drink, this could put you above the legal BAL limit of .08 (.02 for young drivers). If you know you are in for a big night, arrange a ride ahead of time. Even if you have to pay an extra $20 for cab fare, you are saving yourself (and others on the road) from an accident waiting to happen. Your smartest option is to avoid the complications and the risks involved in getting behind the wheel. Period.

However, as the statistics prove, this is not always the option we choose to take. If you have been arrested or accused with a DUI, it is important that you get the legal representation you need to overcome this arrest and avoid criminal conviction

Minnesota DWI Convictions

A lot is at stake if you are convicted of a DUI, regardless of whether it is your first charge or your fifth. If it is your first DUI conviction, you can expect your license to be suspended, you will be fined up to $1000 and/or spend 90 days in jail. If this is your second conviction, you could face up to 180 days suspension, up to $3000 in fines and up to one year in prison. With each DWI conviction, you will continue to face harsher penalties including license suspensions, prison time and fines.  You may also need to attend treatment and rehabilitation and could be charged with a DWI felony which comes with up to 7 years in prison and a $14,000 fine.

Your best bet if you have been arrested with a DUI is to contact a professional DWI attorney in Minneapolis. Samson Law have been handling DWI cases for over 10 years and can assess your case and provide you with aggressive representation during this stressful situation. Contact 612-333-8001 for a consultation with Judith Samson. Your smartest defense against a DUI charge is Samson Law in your corner.